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“short term capital gain”

Capital GainsSection 2(42A)Section 2(42A)1,986 judgments

The decision most relied on for short term capital gain is CIT v. Ace Builders (P) Ltd. (281 ITR 210), cited in 88 judgments on BharatTax.

Leading authorities on short term capital gain

CIT v. Ace Builders (P) Ltd.
281 ITR 210 · 2005 · High Court
88
citing judgments

The deeming fiction in Section 50, which treats capital gains from depreciable assets as short-term, applies only for the purpose of computing capital gains under that section. For other provisions, such as set-off of losses under Section 74 or deductions under Section 54E/54EC, the asset's original character (long-term or short-term) is to be considered.

CIT, Panji v. Dempo Company Limited
74 Taxmann.com 15 · 2016 · Supreme Court
62
citing judgments

The 20% tax rate under Section 112 applies to capital gains arising from the transfer of a depreciable asset, even if it is deemed a short-term capital gain under Section 50, provided the asset was held for more than 36 months. The fiction created by Section 50 for treating such gains as short-term does not alter the long-term nature of the asset for applying the tax rate under Section 112.

Raja Bahadur Kamakhya Narain Singh v. CIT
77 ITR 253 · 1970 · Supreme Court
49
citing judgments

The Supreme Court clarifies the distinction between income chargeable as capital gains and income taxable as business profits, guiding the assessment of whether a transaction constitutes a transfer of a capital asset or is in the nature of trade.

Indl. Development Co. (P) Ltd., 82 ITR 588 (SC). (ii). CIT v. H. Holck Larsen
288 ITR 641 · 2007 · Reported
41
citing judgments

Surplus received on sale and purchase of shares should be treated as capital gains (short-term or long-term as applicable) and not as business income.

Mrs. Madhu Kaul v. CIT
363 ITR 54 · 2014 · High Court
35
citing judgments

The period of holding a flat for capital gains purposes commences from the date of the allotment letter and the first installment payment, not from the later date of possession or registration.

Gopal Purohit v. JCIT
29 SOT 117 · 2009 · ITAT
33
citing judgments

The revenue is debarred from taking inconsistent stands on similar facts across different assessment years, adhering to the rule of consistency. Short-term capital gains are assessable under the head 'Capital Gains' only.

Raja Bahadur Visheshwar Singh v. CIT
73 ITR 652 · 1969 · Supreme Court
26
citing judgments

The intention of the assessee at the time of purchasing shares is a key criterion to determine capital gains treatment. This intention can be ascertained from how the purchase was treated in the assessee's books.

JCIT v. Montgomery Emerging Marketing Funds,\n
100 ITD 217 · 2006 · ITAT
23
citing judgments

Each transaction can be considered a separate source of income, allowing taxpayers to choose between the Income-tax Act and a Double Taxation Avoidance Agreement (DTAA) for each transaction. Section 70(2) of the Act does not prescribe an order for setting off specific short-term capital losses against specific short-term capital gains, favouring the taxpayer in interpretation.

Judgments citing short term capital gain

Palanisamy Rani, Erode vs. PCIT-1, Coimbatore

In the result, the appeal of the assessee is allowed

ITA 1490/CHNY/2023[2017-18]Status: DisposedITAT Chennai10 Jul 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1490/Chny/2023 िनधा"रणवष" / Assessment Year: 2017-18 Principal Commissioner Of Palanisamy Rani, V. Income Tax, 38, Emm Road-2, Chennimalai Coimbatore. Road, Erode – 638 001. [Pan:Biqpr-2991-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. T. Vasudevan, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nandakumar, Cit सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 10.07.2024 आदेश /O R D E R

For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)Section 263Section 54F

computation of capital gains on sale of immovable property, i.e. theater building, directing it to be assessed at the rate of 30% as short term capital gain (STCG) as against the :-2-: ITA. No:1490/Chny/2023 assessee having returned the entire value as sale of long term capital asset, which ... direction of the PCIT was misconceived to treat the building as depreciable asset and hence the gain on such property sale as Short term capital gain and taxable @ 30%.” 3. The brief facts are that, the Assessee is an individual filed her return of income for the assessment year

Praveen Ranjan Sinha, Gurgaon vs. DCIT, Circle-3(1), Gurgaon

In the result, the appeal of the assessee is allowed and Stay Application of the assessee is dismissed as infructuous

ITA 399/DEL/2024[2015-16]Status: DisposedITAT Delhi08 Jul 2024AY 2015-16

Bench: Shri Kul Bharat & Shri M. Balaganeshpraveen Ranjan Sinha, Vs. Dcit, Icb 141, The Icon, Dlf Circle-3(1), City, Phase-V, Gurgaon, Gurgaon Haryana (Appellant) (Respondent) Pan: Ardps3000N Sa No. 57/Del/2024 (In Ita No. 399/Del/2024) (Assessment Year: 2015-16) Praveen Ranjan Sinha, Vs. Dcit, Icb 141, The Icon, Dlf Circle-3(1), City, Phase-V, Gurgaon, Gurgaon Haryana (Appellant) (Respondent) Pan: Ardps3000N Assessee By : Shri Sudesh Garg, Adv Ms. Bhavya Garg, Adv Revenue By: Shri Dharambir Singh, Cit Dr Date Of Hearing 08/04/2024 Date Of Pronouncement 08/07/2024

For Appellant: Shri Sudesh Garg, AdvFor Respondent: Shri Dharambir Singh, CIT DR
Section 143(3)Section 145Section 2Section 250Section 55(2)(aa)Section 94(8)

passing the cryptic order u/s 250 of the Income Tax Act, 1961 and holding that "the disallowance of the AO on account of short-term capital gain worth Rs. 22.67,18,541/- is confirmed" with a pre-mediated mind solely to dismiss the appeal of the appellant ... Dynamic Advisors” and “Praveen Ranjan Sinha” and also consolidated balance sheet for the relevant Assessment Year. The assessee had shown income from derivatives, short term capital gain from equity shares, loss from trading in mutual funds, dividend income, salary income, interest income and house property income. During the year under

Senthurpandi Pathirakali Muthu, Chennai vs. ITO, Ward-1, Tuticorin

In the result, appeal filed by the assessee is allowed for statistical purpose and stay petition of the assessee is dismissed

ITA 1713/CHNY/2024[2017-18]Status: DisposedITAT Chennai28 Jun 2024AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri, Jm & Shri S.R. Raghunathaआयकर अपील सं./Ita No.1713/Chny/2024 & S P No.30/Chny/2024 (In Ita No.1713/Chny/2024) िनधा"रण वष"/Assessment Year: 2017-18 Senthurpandi Pathirakali Muthu, The Income Tax Officer, No.1F152, Maghilchipuram, Vs. Ward 1, Chidambaranagar S.O. Tuticorin. Madathur, Tuticorin 628 008. Pan: Akipp 1641G (अपीलाथ"/Appellant/Petitioner) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. G. Vairava Subramanian, C.A. ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal सुनवाई क" तारीख/Date Of Hearing : 27.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 28.06.2024 आदेश /O R D E R Per Manu Kumar Giri () This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)(Nfac) Delhi [Cit(A)] Dated 04.10.2023 For Assessment Year 2017-18. Ita No.1713/Chny/2024 & Sp 30/2024

For Appellant: Shri. G. Vairava Subramanian, C.AFor Respondent: Shri. D. Hema Bhupal
Section 139(1)Section 144Section 147Section 148Section 54

chart given by AO, assessee had not responded to any notice hence, AO made an addition of Rs.29,50,000/- on account of ‘short term capital gain’ vide order dated 12.04.2023 ex-parte u/s. 144 r.w.s147 of the Income Tax Act, 1961 (“Act’ in short). Aggrieved assessee preferred an appeal